Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
PREAMBLE......................................................................................................................................................4
TITLE I..............................................................................................................................................................4
OF INCOME.......................................................................................................................4
TITLE II...........................................................................................................................................................5
OF THE EMPLOYMENT CONTRACT...........................................................................5
TITLE III.........................................................................................................................................................5
OF WORKING HOURS.....................................................................................................5
TITLE IV...........................................................................................................................................................6
OF THE OVERTIME CONTRACT...................................................................................6
TITLE V.............................................................................................................................................................6
OF SUNDAY AND HOLIDAY REST..............................................................................6
TITLE VI...........................................................................................................................................................7
OF THE ANNUAL HOLIDAY..........................................................................................7
TITLE VII........................................................................................................................................................7
OF MEDICAL LICENSES.................................................................................................7
TITLE VIII......................................................................................................................................................9
INFORMATION, REQUESTS AND COMPLAINTS......................................................9
TITLE IX...........................................................................................................................................................9
PENALTIES AND FINES..................................................................................................9
TITLE X.............................................................................................................................................................9
OF REMUNERATION.......................................................................................................9
TITLE XI.........................................................................................................................................................10
RIGHT TO EQUAL PAY.................................................................................................10
TITLE XII......................................................................................................................................................11
RIGHT TO EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES.........11
TITLE XIII....................................................................................................................................................11
OF THE OBLIGATIONS.................................................................................................11
TITLE XIV.....................................................................................................................................................12
OF THE PROHIBITIONS................................................................................................12
TITLE XV........................................................................................................................................................13
TERMINATION OF THE EMPLOYMENT CONTRACT.............................................13
TITLE XVI.....................................................................................................................................................15
INVESTIGATION, SAFEGUARDS AND SANCTIONS..............................................15
OF SEXUAL HARASSMENT.........................................................................................15
TITLE XVII...................................................................................................................................................16
LAW OF THE CHAIR.....................................................................................................16
TITLE XVIII.................................................................................................................................................16
OF SUBCONTRACTED LABOR...................................................................................16
TITLE XIX.....................................................................................................................................................17
PREVENTION, HYGIENE AND SAFETY RULES......................................................17
A. PREAMBLE................................................................................................................17
CALL FOR COLLABORATION..............................................................................................................17
B. GENERAL PROVISIONS...................................................................................................................17
C. OBLIGATIONS......................................................................................................................................21
D. PROHIBITIONS...................................................................................................................................22
E. CLAIMS PROCEDURES ESTABLISHED IN LAW 16.744.................................................23
F.- D.S. NO. 101 OF THE MINISTRY OF LABOR AND SOCIAL WELFARE, D.S.73,
OF THE SAME MINISTRY.....................................................................................................................26
G. OF THE OBLIGATION TO INFORM (DS. 40, TITLE VI).................................................33
TITLE XX........................................................................................................................................................38
OF TEMPORARY SERVICE COMPANIES..................................................................38
TITLE XXI.....................................................................................................................................................39
OF PERSONAL PROTECTIVE EQUIPMENT..............................................................39
TITLE XXII...................................................................................................................................................39
OF THE MAXIMUM WEIGHT OF HUMAN CARGO. LAW N° 20.001....................39
TITLE XXIII.................................................................................................................................................40
OF TOBACCO CONSUMPTION, LAW 20105.............................................................40
TITLE XXIV..................................................................................................................................................40
OF UV RADIATION........................................................................................................40
TITLE XXV.....................................................................................................................................................40
SANCTIONS....................................................................................................................40
TITLE XXVI..................................................................................................................................................41
TITLE XXVII................................................................................................................................................41
"THIS DOCUMENT IS MANDATORY READING FOR ALL WORKERS".
PREAMBLE
TITLE I
OF INCOME
Article 1°: The persons whom the company ANWANTER Y NUSS LTDA,
accepts as workers must comply, before entering, with the following
requirements and present the background and documents indicated:
a) Identity Card.
b) Last employer's severance pay, if any.
c) Certificate of studies completed in the event that the quality of the
work to be performed so requires.
d) Health Certificate.
e) If under 18 years of age and over 16 years of age, written
authorization by their father or mother, or legal guardians.
f) Minors under 16 and over 15 must present the authorization indicated
in the previous paragraph, as well as a certificate stating that they
have fulfilled their school obligation.
g) If married, marriage certificate, birth certificate of children to process
authorization of family charges.
h) Certificate of affiliation or documentation that accredits the name of
the pension system to which you are affiliated.
i) If over 18 years of age, certificate of military status.
Article 3°: Whenever there are variations in the personal background that
the worker indicated in his application for admission, they must be
presented to the employer with the pertinent certifications.
TITLE II
OF THE EMPLOYMENT CONTRACT
Article 4: Once the requirements set forth in Article 1 have been fulfilled
and within 15 days of the employee's incorporation, the respective
employment contract shall be executed in writing. If the contract is for a
specific job, work or service with a duration of less than 30 days, the
term is reduced to 5 days. The contract shall be drawn up on a single
form consisting of the following distribution: Original employer, 1st copy
employee, 2nd agency of the employer. The original shall state, under
signature of the employee, the receipt of the copy of the respective contract.
Article 5°: The employment contract of minors under 18 years of age shall
be signed, together with them, by the legal representative of the minor, or
failing that, by the person or institution that has the minor in their care, and
in the absence of all of the above, the authorization of the respective Labor
Inspector shall be attached. In no case may minors under 15 years of
age be hired.
Article 6°: The employment contract shall contain, at least, the following
stipulations:
a) Place and date of the contract.
b) Individualization of the parties, with indication of the employee's
nationality, date of birth and income of the employee.
c) Determination of the nature of the services and the place or city
where they are to be provided.
d) The amount, form and period of payment of the agreed
remuneration.
e) Duration and distribution of the workday, unless the company
has a shift work system, in which case the provisions of the
Internal Regulations shall apply.
f) Term of the contract.
TITLE III
OF WORKING HOURS
Article 8°: The ordinary working day for all personnel subject to it shall not
exceed 45 hours per week.
Monday to Friday.
a. 09:00 to 13:00 hrs and 14:30 to 18:40 hrs.
b. 10:00 to 14:30 hrs and 16:00 to 19:30 hrs.
Saturday.
a. 09:20 to 13:30 hrs.
b. 10:00 to 14:00 hrs.
Article 9°: The employee may not leave the workplace during the hours
referred to in the previous article without the written authorization of his or
her direct supervisor.
Article 10º: The period of time destined for snack shall be recorded in the
corresponding attendance control records. Said rest period, which shall also
be recorded in the employment contract, shall not be considered as having
been worked for the purpose of computing the duration of the hour
expressed.
Article 11: Any absence, tardiness or leave during the working day shall be
recorded on the control card, attendance book or other recording instrument
of the respective employee.
TITLE IV
OF THE OVERTIME CONTRACT
Article 13°: Overtime shall be paid with a 50% surcharge over the salary
agreed for the ordinary working day and shall be paid together with the
ordinary remunerations of the respective period. The payment of a specific
amount for overtime cannot be stipulated in advance.
TITLE V
OF SUNDAY AND HOLIDAY REST
Article 15°: Sundays and those that the law declares holidays shall be rest
days, except for the activities carried out by the company's employees,
authorized by the regulations in force to render services on those days.
TITLE VI
OF THE ANNUAL HOLIDAY
Article 16°: Workers with more than one year of service shall be entitled to
an annual holiday of 15 working days, with the right to full remuneration,
which shall be granted in accordance with the formalities established in the
Regulations.
Any worker with more than 10 years of work for one or more employers,
whether continuous or not, shall be entitled to an additional day off.
However, only up to ten years of employment with previous employers may
be claimed.
Article 17°: For the purposes of the holiday, Saturday shall always be
considered a non-business day.
TITLE VII
OF MEDICAL LICENSES
Article 19°: The worker who is sick or unable to attend work shall notify the
company ANWANTER Y NUSS LTDA, by himself or through a third party,
within 24 hours of the occurrence of the illness, being the obligation of the
worker to deliver the respective medical license to the Personnel area.
Article 20°: The company ANWANTER Y NUSS LTDA, may ascertain at any
time the existence of the disease and shall have the right to have a
physician appointed by it examine the sick worker at his home. Likewise, the
company may verify that the employee complies with the rest ordered.
Article 21: For maternity, female workers are entitled to a rest as established
by Law 20545, keeping their jobs during such periods and receiving the
subsidy established by the legal regulations in force.
In order to take maternity leave, the employee must present the company with
the medical leave required by the DS. 3 of 1984, of the Ministry of Health.
Article 22: The worker shall enjoy maternity leave during the period of
pregnancy and up to 1 year after the expiration of the maternity leave.
Article 23°: The working father shall be entitled to a paid leave of five days in
the event of the birth of a child, which he may use at his choice from the
moment of birth, and in this case it shall be of continuous days or distributed
within the first month from the date of birth. This leave shall also be granted to
the parent who is granted the adoption of a child, counted from the respective
final judgment. This right cannot be waived.
Article 24: All female workers shall have the right to leave and the subsidy
established by law when the health of their child under one year of age
requires their care at home due to serious illness, circumstance that must be
accredited by means of a medical license.
Article 25°: The dismissal of the worker may only be requested for legal
cause during the period of pregnancy and up to one year after the expiration of
the maternity leave. This one-year period is extended to those workers
(widowed or single) who have adopted a child in accordance with the Adoption
Law No. 19,620.
Article 26°: In accordance with the provisions of the Labor Code, in the
case of the death of a child, as well as the death of a spouse, every worker
is entitled to a certain number of days of paid leave, in addition to the
annual holiday, regardless of the length of service.
There is also the right to paid leave in the event of the death of a child
during pregnancy, as well as in the event of the death of the employee's
father or mother.
These leaves shall be effective as of the day of the respective death.
However, in the case of a fetal death, the leave shall be effective from the
moment of proof of death, with the respective fetal death certificate.
The employee referred to in the first paragraph shall enjoy labor protection
for one month after the respective death. However, in the case of workers
whose employment contracts are for a fixed term or for a specific work or
service, the privilege will cover them only during the term of the respective
contract if it is less than one month, without the need to request their
dismissal at the end of each one of them.
The leave days provided for in this article may not be compensated in cash.
In the event of the death of a family member, days of leave with full pay
shall be granted in accordance with the following conditions:
TITLE VIII
INFORMATION, REQUESTS AND COMPLAINTS
These requests shall be answered in writing by the employer within five days
of their submission.
TITLE IX
PENALTIES AND FINES
Fines may be appealed within the third day of being applied and notified before
the corresponding Labor Inspectorate.
TITLE X
OF REMUNERATION
Travel allowances, tool wear and tear allowances, meal allowances, per
diems, family allowances granted in accordance with the law and, in general,
reimbursement of expenses incurred in the course of work do not constitute
remuneration.
For social security purposes, the severance indemnity per year of service
shall not constitute remuneration.
Article 32°: The company shall pay the annual bonus according to the
profit of each fiscal year and in accordance with the provisions contained in
articles 46 to 49 of the Labor Code.
Article 33°: The employer shall deduct from the remunerations the taxes
levied on them, the social security contributions and the obligations with
social security institutions or public bodies. Likewise, at the written request
of the employee, the employer must deduct from the remunerations the
installments corresponding to mortgage dividends for the purchase of
housing and the amounts that the employee has indicated to be deposited in
a housing savings account, opened in his name in a financial institution or in
a housing cooperative. The latter may not exceed an amount equivalent to
30% of the employee's total remuneration.
TITLE XI
RIGHT TO EQUAL PAY
Article 35°: ANWANTER Y NUSS LTDA shall comply with the principle of
equal remuneration between men and women who perform the same work
within the company, in the manner and under the conditions established by
law.
Article 36°: Workers who consider that their rights as set forth in the
preceding article have been infringed may file the corresponding claim in
accordance with the following procedure:
TITLE XII
RIGHT TO EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
For these purposes, a worker with a disability is defined as a person who has
one or more physical, mental, psychological, intellectual or sensory
impairments, of a temporary or permanent nature, and whose interaction
with various barriers present in the environment prevents or restricts his or
her full and effective participation in society, on an equal footing with others.
TITLE XIII
OF THE OBLIGATIONS
Article 38°: The company's employees are obliged to faithfully comply with
the stipulations of the employment contract and those of these Regulations.
In particular, they must comply with the following obligations:
TITLE XIV
OF THE PROHIBITIONS
TITLE XV
TERMINATION OF THE EMPLOYMENT CONTRACT
Article 40°: (Article 159° of the Labor Code) The employment contract shall
terminate in the following cases:
Article 41°: (Article 160 of the Labor Code) The employment contract
terminates without the right to any indemnity when the employer terminates
it by invoking one or more of the following causes:
2. Negotiations carried out by the employee within the line of business and
which have been prohibited in writing in the respective contract by the
employer.
3. Failure of the employee to attend work without justified cause for two
consecutive days, two Mondays in a month or a total of three days
during the same period of time. Likewise, the unjustified or
unannounced absence of a worker who is in charge of an activity, task
or machine whose abandonment or stoppage means a serious
disturbance in the running of the company.
TITLE XVI
INVESTIGATION, SAFEGUARDS AND SANCTIONS
OF SEXUAL HARASSMENT
Definition:
Article 44º: Sexual harassment is understood to mean that a person unduly
makes, by any means, requests of a sexual nature, not consented to by the
person who receives them and which threaten or harm his or her employment
situation or employment opportunities.
Article 47º: Once the complaint has been received, ANWANTER Y NUSS LTDA,
through the person designated by the General Management, shall adopt the
necessary measures to protect those involved, such as the separation of
physical spaces or the redistribution of working hours, considering the
seriousness of the alleged facts and the possibilities derived from the working
conditions.
In the event that the complaint is filed with the Labor Inspectorate, the latter
shall promptly suggest the adoption of such measures to the employer.
In any case, the investigation must be concluded within thirty calendar days.
Article 50º: In accordance with the merit of the report, the company shall,
within fifteen days from the receipt thereof, arrange and apply the
corresponding measures or sanctions, which may range from verbal or written
reprimand to termination of the employment contract for the cause provided
for in letter b) of No. 1 of Article 50º. 160 of the Labor Code, depending on the
seriousness and repetition of the facts accredited during the investigation.
TITLE XVII
LAW OF THE CHAIR
Article 51°: In stores, stores, bazaars, warehouses, merchandise warehouses
and other similar commercial establishments, even if they operate as annexes
of establishments of another order, the employer shall maintain a sufficient
number of seats or chairs at the disposal of the employees or workers. The
preceding provision shall be applicable in industrial establishments, and to
workers in commerce, when the functions they perform so permit.
Therefore the company ANWANTER Y NUSS LTDA, in virtue of complying
with the provisions of this title, has arranged for its staff chairs that are
distributed in the premises and have been intended for a short break, these
chairs must remain in front of the selected sites and computers, these
elements must be used when there is no public attention, sale or
replenishment, may be used to make extensive budgets, may not be used as a
means of ladder to reach objects.These elements must be used when there is
no public attention, sale or replacement, they can be used to make extensive
budgets, they cannot be used as a means of ladder to reach objects.
TITLE XVIII
OF SUBCONTRACTED LABOR
Article 52°: Law No. 20.123, which regulates subcontracted work and work in
temporary service companies, stipulates that, according to Article 183 A,
"subcontracted work is work performed under a labor contract by a worker for
an employer, called contractor or subcontractor, when the latter, by virtue of a
contractual agreement, is in charge of performing works or services, on its own
account and risk and with workers under its dependence, for a third natural or
legal person that is the owner of a third natural or legal person.The latter, by
virtue of a contractual agreement, undertakes to perform works or services, at
its own risk and with workers under its dependence, for a third party, natural
or legal person, owner of the work, company or site, called the main company,
in which the services are performed or the contracted works are executed.
However, works or services that are performed or rendered in a discontinuous
or sporadic manner shall not be subject to the rules of this....."
The following should be requested:: Certificate of social security payment,
certificate of membership in a mutual insurance company, internal regulations,
right to know, delivery of personal protection equipment.
TITLE XIX
PREVENTION, HYGIENE AND SAFETY RULES
A. PREAMBLE
Article 53°: The norms contained in this title and following are intended to
establish the general provisions for the Prevention of Occupational Accidents
and Occupational Diseases that shall govern the company ANWANTER Y NUSS
LTDA, which shall be mandatory for all personnel, in accordance with the
provisions of Law 16.744, which establishes norms on Occupational Accidents
and Occupational Diseases.
The fines will be used to increase the company's welfare funds for workers
or social welfare services.
B. GENERAL PROVISIONS
If the injured person is unable to do so, any worker who witnessed the
accident shall report the event. You should also report any symptoms of
occupational disease that you notice in your body.
In accordance with Art. 71 of Decree 101 (Law 16,744), all accidents must
be reported immediately; the period must not exceed 24 hours after the
accident.
a) The person in charge will be responsible for signing the accident
report on the form provided by Mutual de Seguridad CChC.
b) Travel accident:
The occurrence of the accident on the direct route must be accredited
by the affected party, before the respective Administrative Body, by
means of a report from the Carabineros or a certificate from the
health care center where he/she was treated, or other equally reliable
means.
C. OBLIGATIONS
The time periods mentioned in this article shall be counted from the date of
notification of the resolution, which shall be made by registered letter or by
other means established by the respective regulations. If it has been notified
by registered letter, the term shall be counted from the third day of receipt
thereof at the post office.
If the Superintendence of Social Security decides that the benefits should have
been provided under a pension system different from the one under which they
were provided, the Health Service, the Institute for Pension Standardization,
the Employers' Mutual Benefit Society, the Family Allowance Compensation
Fund or the Pension Health Institution, as the case may be, shall reimburse the
value of such benefits to the administering agency that paid for them, and the
latter shall make the respective request.The value of such benefits shall be
reimbursed by the Health Service, the Institute for Social Security
Standardization, the Employers' Mutual Benefit Fund, the Family Allowance
Compensation Fund or the Social Security Health Institution, as the case may
be, to the administering agency of the entity that paid for them, and the latter
shall make the respective request. Such reimbursement shall include the
portion that should have been financed by the employee in accordance with
the social security health system to which he/she is affiliated.
Article 65º: (Art. 71 D.S. 101). In case of work or commuting accidents, the
following procedure shall be applied:
Article 68º: (Art. 74 D.S. 101). The administering agencies will be obliged to
keep a database - "Database Law 16,744"- with, at least, the information
contained in the DIAT, the DIEP, the diagnoses of occupational disease, the
incapacities affecting workers, the indemnities granted and the pensions
constituted, in accordance with Law No. 19,628 and the instructions issued by
the Superintendency.
Article 69º: (Art. 75 D.S. 101). For the purposes of Article 58 of the law, the
administering agencies must, as the case may be, request or initiate the
declaration, evaluation or reevaluation of permanent disabilities, at the latest
within 5 working days following the "medical discharge", and in such cases
they must send the pertinent background information.
Medical discharge" shall mean the certification by the treating physician of the
end of the medical, surgical, rehabilitation and other treatments to be carried
out in each specific case.
Article 70º: (Art. 76 D.S. 101). The procedure for the declaration, evaluation
and/or reevaluation of permanent disabilities shall be as follows:
Article 71º: (Art. 76 bis D.S. 101). Declarations of permanent disability will be
reviewable for aggravation, improvement or error in the diagnosis and,
depending on the result of these reviews, the right to the payment of pensions
will be granted, maintained or terminated, and their amount will be adjusted if
applicable, without the need for the interested party to submit an application.
For the purposes indicated in the first paragraph of Article 64 of the law, the
disabled person must be summoned every two years by the Mutualidad or the
respective Compin, as appropriate, for a review of his disability. In the event
that you fail to attend the summons, notified by registered letter, the
administering agency may suspend payment of the pension until you attend for
such purpose.
The decision declaring the disability may, for justified reasons, exempt such
worker from the aforementioned examination during the first 8 years.
Likewise, the interested party may, once in each 5-year period, request to be
examined. The Compin or the Mutualidad, as the case may be, must summon
the interested party by registered letter, clearly stating the reasons for the
review and, if the interested party does not attend, payment of the pension
may be suspended until he/she attends.
The Compin or the Mutualidad, as the case may be, must issue a resolution
containing the result of the disability review process, instructing the
administering agency to take the corresponding measures, as appropriate. This
resolution shall be in accordance with the provisions of letter f) of the
preceding article.
After the first 8 years counted from the date of granting the pension and in the
event that the invalid, at the date of the review of his disability, has not had
the possibility of updating his residual working capacity, the pension he
receives shall be maintained, if it has been reduced due to improvement or
error in the diagnosis, in accordance with the provisions of the final paragraph
of article 64 of the law. the pension he/she receives shall be maintained, if it
has been reduced due to improvement or error in the diagnosis, in accordance
with the provisions of the final paragraph of article 64 of the law.
Article 72º: (Art. 77 D.S. 101). The Medical Commission for Occupational
Accidents and Occupational Diseases Claims (Comere) is an autonomous
entity, and its relations with the Executive must be carried out through the
Ministry of Labor and Social Welfare.
Article 73º: (Art. 78 D.S. 101). The Comere will operate in the city of
Santiago, in the offices determined by the Ministry of Health, being able to
meet in other cities of the country when it so decides and there is merit to do
so.
Article 74º: (Art. 79 D.S. 101). The Comere will be competent to hear and
rule, in the first instance, on all decisions on questions of fact that refer to
medical matters, in cases of permanent disability resulting from work accidents
and occupational diseases.
In the second instance, it shall hear appeals filed against the resolutions
referred to in the second paragraph of Article 33 of the same law.
Article 75º: (Art. 80 D.S. 101). Complaints and appeals must be filed in
writing with Comere or with the Labor Inspectorate. In the latter case, the
Labor Inspector will immediately send you the claim or appeal and other
background information.
The claim or appeal shall be deemed to have been filed on the date of issue of
the certified letter sent to the Medical Commission or Labor Inspection, and if it
has been delivered personally, on the date on which it is recorded as having
been received at the offices of the Medical Commission or Labor Inspection.
Article 76º: (Art. 81 D.S. 101). The term of 90 working days established by
law to file a claim or appeal shall be counted from the date of notification of
the decision or agreement against which the claim or appeal is filed. If the
notification has been made by registered letter, the term will be counted from
the third day of receipt at the post office.
Article 77º: (Art. 82 D.S. 101). For the appointment of the medical
representatives of the workers and of the employers before the Medical
Commission for Claims of Occupational Accidents and Occupational Diseases,
referred to in letters b) and c) of Article 78 of Law No. 16,744, the following
procedure shall be followed:
The Superintendency shall send to the Ministry of Labor and Social Security a
list with the names of all the physicians proposed, so that the President of the
Republic may make the corresponding appointments.
Article 78º: (Art. 83 D.S. 101). The lawyer member of the Comere shall be
freely appointed by the President of the Republic.
The President of the Republic, upon the proposal of the Minister of Health, shall
designate the two physicians who shall be members of the Comere, referred to
in letter a) of Article 78 of the Law, one of whom shall preside over it.
Article 79º: (Art. 84 D.S. 101). Comere members shall serve for a term of
four years and may be reelected. The appointment of replacements, in case of
impediment or supervening inability of any of its members, shall be made by
the President of the Republic for the necessary period, not exceeding that
which would have corresponded to serve the replaced member, considering, as
the case may be, the lists of physicians proposed in the last appointment
process, if any.
Article 80º: (Art. 85 D.S. 101). The Comere shall meet according to the
calendar defined periodically by its members, in consideration of the matters to
be resolved, and in any case, shall be convened by its Chairman whenever it
has urgent matters to deal with. It shall function with the majority of its
members, and if said majority does not meet, it shall function with those in
attendance.
Article 81º: (Art. 86 D.S. 101). The Comere shall submit to the
Undersecretary of Public Health a list of three candidates composed of three
officials of that Service, from among whose members the Undersecretary shall
appoint the Secretary, who shall perform his functions without the right to
further remuneration.
Article 82º: (Art. 87 D.S. 101). The members of Comere shall receive a
remuneration equivalent to a minimum income for each session attended,
which shall be paid on a monthly basis.
Article 83º: (Art. 88 D.S. 101). The Secretary of the Comere shall have the
character of minister of faith to notify the resolutions pronounced by the
Comere and to authorize all the actions that correspond to it, in accordance
with the law and the regulations.
Article 84º: (Art. 89 D.S. 101). The expenses required for the operation of
the Comere will be charged to the Ministry of Health, through the
corresponding authorities, in accordance with the provisions of Article 14 C of
DL No. 2,763 of 1979, and will be charged to the funds they are entitled to
receive by application of the law.
Article 85º: (Art. 90 D.S. 101). The Superintendency will hear the Comere's
actions:
Article 87º: (Art. 92 D.S. 101). The Comere and the Superintendency, in the
exercise of their functions, may request from the different administrative
agencies, and from the persons and entities they deem pertinent, the
background information they deem necessary for a better resolution.
The examinations and transfers necessary to resolve the claims and appeals
filed before the Comere or the Superintendency will be the responsibility of the
administrative agency or of the respective company with delegated
administration.
Article 88º: (Art. 93 D.S. 101). For the purposes of the claim before the
Superintendency referred to in the third paragraph of article 77 of the law, the
administrative agencies must notify the affected party, either personally or by
registered letter, of all the resolutions they issue, attaching a copy thereof. In
the event that the notification has been made by registered letter, the date of
notification shall be deemed to be the third day of receipt at the Post Office.
Article 89º: (Art. 94 D.S. 101). The fines to be applied by the administrative
agencies in case of infringement of any of the provisions of the law or its
regulations shall be regulated, as to their amount, by the provisions of Article
80 of the law and shall be enforced in accordance with the rules set forth in the
laws governing them. Such fines must be reported to the Superintendency on
a quarterly basis.
G. OF THE OBLIGATION TO INFORM (DS. 40, TITLE VI)
Article 90º: Employers have the obligation to timely and adequately inform all
their workers about the risks involved in their work, the preventive measures
and the correct working methods. The risks are those inherent to the activity
of each company.
In particular, they must inform workers about the elements, products and
substances to be used in their work, about their identification (formula,
synonyms, appearance and odor), about the permissible exposure limits of
these products, about the health hazards and about the control and prevention
measures to be adopted to avoid such risks.
The existence of the following specific risks in the company is brought to our
attention.
RISKS OF CONSEQUENCES PREVENTIVE MEASURES
1.- Falls from the same level Avoid running in hallways and stairways.
Contusions
and from different levels
Musculoskeletal
2.- Physical overexertion
disorders
Injuries of various
6.- Traffic accidents
types and severity
Must strictly comply with the traffic law and
participate in defensive driving courses.
Multiple injuries,
Emergency stop protection system on
crushing,
the machine. Do not wear loose
7.- Entrapment dismemberment,
clothing, improperly worn protective
wounds, fractures,
gear, long hair, chains or bracelets.
fractures, etc.
TITLE XX
OF TEMPORARY SERVICE COMPANIES
The employment contract for temporary services shall be in writing and shall
contain at least the information required by Article 10 of the Labor Code.
A copy of the employment contract shall be sent to the user to whom the
worker will provide services."
TITLE XXI
OF PERSONAL PROTECTIVE EQUIPMENT
Article 92°: In accordance with article 68 of Law 16.744, the company shall
provide its workers, free of charge, with all equipment or implements
necessary for their personal protection, according to the characteristics of the
risk presented in each of the activities carried out in the company.
Article 93°: It is the sole responsibility of the worker to keep his or her
protective equipment in good condition and to maintain it in good hygiene and
maintenance conditions.
TITLE XXII
OF THE MAXIMUM WEIGHT OF HUMAN CARGO. LAW N° 20.001
Article 94°: The company ANWANTER Y NUSS LTDA, shall ensure that in
the organization of its loading activities, technical means such as the
automation of processes or the use of mechanical aids are used, in order to
reduce the physical demands of the work, among which the following may
be indicated:
a) Cranes, forklifts, cranes, forklift trucks, conveyor systems;
b) Trolleys, height-adjustable surfaces, trolleys equipped with lifting
platform, and
c) Others, which help to hold loads more firmly and reduce the physical
demands of the work.
Article 95°: The company shall try to organize the processes in order to
reduce as much as possible the risks derived from manual handling of cargo.
Article 97°: Manual loading and unloading operations are prohibited for
pregnant women.
Article 98°: Minors under 18 years of age and women shall not be allowed to
carry, transport, load, drag or push manually, and without mechanical help,
loads over 20 kilograms.
TITLE XXIII
OF TOBACCO CONSUMPTION, LAW 20105
In appropriate cases, the company shall provide places for smokers in open-air
areas, with properly marked containers for the deposit of cigarette butts and
garbage.
TITLE XXIV
OF UV RADIATION
TITLE XXV
SANCTIONS
Article 101°: The regulations shall contemplate sanctions for workers who
do not respect them in any of their parts. Penalties shall consist of monetary
fines that shall be proportional to the seriousness of the infraction, but may
not exceed one fourth of the daily wage and shall be applied in accordance
with the provisions of Article 157 of the Labor Code.
The fines will be destined to increase the welfare funds that the company
has or of the social welfare services of the union organizations whose
members work in the company, pro rata to the membership and in the order
indicated. In the absence of such funds or entities, the proceeds of the fines
will pass to the National Training and Employment Service, and will be
delivered to it as soon as they have been applied.
TITLE XXVI
SECURITY CAMERAS AND AUDIOVISUAL CONTROL.
TITLE XXVII
OF THE GENERAL PROVISIONS
Article 103°: The following are special obligations for drivers of company
vehicles:
1. Make sure your driver's license is up to date. In addition, you should
make sure you have all the basic equipment for your vehicle, such as a
fire extinguisher, first aid kit, tools and necessary accessories.
2. The vehicle must be kept clean at all times.
3. As soon as circumstances permit, notify the direct supervisor or the
supervisor who is working at the time, of any accident or traffic incident
in which the employee is involved while driving a company vehicle,
regardless of the causes and degree of responsibility involved. It is also
established for these cases, the obligation of the employee to report
these events to the nearest Carabineros unit, subsequently providing the
company with the necessary background information to inform the
insurance company or companies.
4. It is also established that any worker involved as a driver in a traffic
accident shall temporarily cease his or her functions in order to comply
with the procedures indicated in the previous point.
5. Keep the documentation of the assigned machine in an orderly manner,
which must always remain in the vehicle, communicating and requesting
in due time the renewal of documents that are about to expire.
6. In the case of traffic infractions, whatever the reason for the infraction,
it shall be the sole and exclusive responsibility of the employee.
Therefore, the employee will be held responsible for each of the
infractions he/she commits and may be dismissed for cause attributable
to the employee, if he/she accumulates three serious traffic infractions.
LOSS CONTROL
Article 104°: The labor law states that the exercise of the powers granted to
the employer is limited by respect for the constitutional guarantees of the
workers, especially when they could affect their privacy, private life or honor.
From this, the law authorizes the employer to establish controls, whether on
working hours, safety, property owned by the employer and proper conduct
among its employees. They can have closed-circuit television cameras and
even search lockers, bags and purses to prevent theft or robbery. For this
reason, the company has installed security cameras in common areas, not in
dressing rooms, showers or bathrooms, so as not to affect the honor, dignity
or privacy of workers.
As for the search of bags and lockers, it can only be done when it involves a
whole group, since it cannot be done individually, even if there is evidence to
incriminate a single person.
The results should be kept in the strictest confidence and never be used as a
discriminatory factor. Nor can these measures be repressive in nature and all
of them must be clearly stated in the internal regulations prior to their
application, which must be done equally to all or by drawing lots among the
company's sections, according to the Labor Directorate. In this way, the
employer's powers are limited so that it does not fall into actions that the law
leaves exclusively to the supervisory authorities, health services and the
police.
Article 105°: These Regulations shall come into force once a copy has been
sent to the Ministry of Public Health and another to the Labor Directorate,
and once they have been brought to the attention of the company's
personnel through the trade union organizations to which they are affiliated
and the Personnel Delegate.
The new provisions that may be deemed necessary to introduce in the future
in these Regulations shall be deemed to be incorporated to its text, after
publication for thirty consecutive days, in posters that contain them, in the
workplaces and with notice to the corresponding Labor Inspectorate.
Delivery record.
Health and Safety Regulations.
(Law 16,744 and Labor Code).
Full name :
R.U.T. :
Section :
Employee's :
signature
Delivery date :
Valdivia ___, from_________, 20__, 20__
Gentlemen
Labor Inspection.
Present
Yours faithfully,
__________________________
Head of Personnel Area
Company_____________
Gentlemen
Seremi of Health
__________________
Present
We hereby enclose a copy of the Internal Rules of Order, Hygiene and Safety
of the company ________________, DOMICILIADA EN __________________,
in accordance with the provisions of Article No. 153 of the Labor Code.
Yours faithfully,
__________________________
Head of Personnel Area
Company_____________